Even if only one spouse's name is on the deed, any property bought during the marriage is presumed to be community property, unless it was bought with separate property funds. The spouse claiming it as separate property must prove it in court.
Legal Separation isn't available in Texas, so couples who would like to end their marriage formally must follow the state's divorce process. However, the court allows couples to live apart and make temporary arrangements while a divorce is pending.
In the marriage dissolution, the income, assets and debts accumulated during the marriage must be allocated between you and your spouse. The law is that you and your spouse are financial partners during the marriage and are presumed entitled to share in both the assets and income the partnership made.
Qualifying spouse beneficiaries must be married to the retiring spouse for at least one continuous year prior to applying for benefits, with certain exceptions.
If you are going through a divorce, your marital property will be divided based on principles of equity and fairness. This doesn't mean you automatically receive 50% of each asset. You, your spouse, and your attorneys can negotiate how to divide the property depending on your needs, and your goals.
There is no set number of years after which you become automatically entitled to half of all marital property in Minnesota. The court has broad discretion to divide assets equitably based on the facts of each case. That said, marriages lasting 20 years or longer often tend closer to an equal, 50/50 split of assets.
In Minnesota, common law marriage doesn't exist. It was abolished in 1941. No matter how long you live with someone in this state or how often you tell people you're married, a common law marriage cannot be established in Minnesota.
Community Property Laws in Texas In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses.
A partition agreement divides, or partitions, a married couple's community estate into two separate estates. It is sometimes called a post-nuptial or post-marital agreement and is similar to a prenuptial agreement, except that it is executed by a married couple.